Massachusetts H 757: An Act providing for the distribution of information on personal rights and resources be provided to those in the Criminal Offender Record Information (CORI) system

Bill Text

1 of 1
HOUSE DOCKET, NO. 572 FILED ON: 1/10/2025
HOUSE . . . . . . . . . . . . . . . No. 757

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Tackey Chan
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to mandatory reporting of elder abuse.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS: DATE ADDED:
Tackey Chan 2nd Norfolk 1/10/2025

1 of 6
HOUSE DOCKET, NO. 572 FILED ON: 1/10/2025
HOUSE . . . . . . . . . . . . . . . No. 757
By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 757) of Tackey
Chan relative to mandated reporting of elder abuse. Elder Affairs.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 621 OF 2023-2024.]

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________

An Act relative to mandatory reporting of elder abuse.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 The General Laws, as appearing in the 2022 Official Edition, are hereby amended by
2 inserting after Chapter 119A the following new Chapter –
3 Chapter 119B. Protection and Care of Elders
4 Section 1. Definitions
5 “Department” shall mean the Executive Office of Elder Affairs
6 “Elder” Persons over the age of 60.
7 "Mandated reporter'', a person who is: (i) a physician, medical intern, hospital personnel
8 engaged in the examination, care or treatment of persons, medical examiner, psychologist,
9 emergency medical technician, dentist, nurse, chiropractor, podiatrist, optometrist, osteopath,

2 of 6
10 allied mental health and human services professional licensed under section 165 of chapter 112,
11 drug and alcoholism counselor, psychiatrist or clinical social worker; (ii) teacher in a public or
12 private facility, educational administrator, guidance or family counselor, elder care worker,
13 person paid to care for or work with a elders any public or private facility, or home or program
14 funded or licensed by the commonwealth that provides elder care or residential services to elders
15 or that provides the services of elder care resource and referral agencies, voucher management
16 agencies or family elder care systems or food programs; (iii) a probation officer, clerk-magistrate
17 of a district court, parole officer, social worker, foster parent, firefighter, police officer; (iv) a
18 priest, rabbi, clergy member, ordained or licensed minister, leader of any church or religious
19 body, accredited Christian Science practitioner, person performing official duties on behalf of a
20 church or religious body that are recognized as the duties of a priest, rabbi, clergy, ordained or
21 licensed minister, leader of any church or religious body, accredited Christian Science
22 practitioner, or person employed by a church or religious body to supervise, educate, coach, train
23 or counsel a elder on a regular basis; (v) in charge of a medical or other public or private
24 institution, school or facility or that person's designated agent; or (vi) the elder care advocate.
25 Section 2. (a) A mandated reporter who, in his professional capacity, has reasonable
26 cause to believe that an elder is suffering physical or emotional injury resulting from: (i) abuse
27 inflicted upon him which causes harm or substantial risk of harm to the elder’s health or welfare,
28 including sexual abuse; (ii) neglect, including malnutrition; shall immediately communicate with
29 the department orally and, within 48 hours, shall file a written report with the department
30 detailing the suspected abuse or neglect; or (iv) being a sexually exploited elder; or (v) being a
31 human trafficking victim as defined by section 20M of chapter 233.

3 of 6
32 If a mandated reporter is a member of the staff of a medical or other public or private
33 institution, school or facility, the mandated reporter may instead notify the person or designated
34 agent in charge of such institution, school or facility who shall become responsible for notifying
35 the department in the manner required by this section.
36 A mandated reporter may, in addition to filing a report under this section, contact local
37 law enforcement authorities or the elder care advocate about the suspected abuse or neglect.
38 (b) For the purpose of reporting under this section, hospital personnel may have
39 photographs taken of the areas of trauma visible on the elder without the consent of the elder’s
40 guardians. These photographs or copies thereof shall be sent to the department with the report.
41 If hospital personnel collect physical evidence of abuse or neglect of the elder, the local
42 district attorney, local law enforcement authorities, and the department shall b